The council reported that LG's Cinema 3D advertising claims were based on materially flawed evidence in regards to consumer perception. The campaign claimed that in tests, "four out of five people chose LG over Sony and Samsung for overall 3D experience."

These advertisements made bold claims that consumer tests found four out of five people preferred LG's Cinema 3D TV's passive technology to the active-shutter 3D LCD HDTVs from Samsung and Sony for the overall 3D experience, brightness, color, and picture quality.

According to its decision, the council said the NAD examined the conditions under which consumers watched LG's 3D HDTVs, including viewing distance and angle, screen sizes, refresh rate, and image resolution, as well as the 3D glasses.

"Having found the consumer-perception evidence upon which they based to be materially flawed, NAD recommended that the advertiser discontinue the claims that '4 out of 5' consumers preferred LG's passive 3D over Samsung's active 3D for picture quality, color, overall 3D experience, glasses, etc. NAD also recommended that the advertiser discontinue it's characterization of the tested Samsung 6420 model as Samsung's 'leading model,'" an NAD statement read.

An LG representative said, "This was a 2011 marketing campaign that has run its course, and LG has decided not to appeal the NAD's recommendation."